Unrecorded deed restriction question
Hello all:
Hope everyone had a good holiday.
I have a client that developed a residential duplex property that was zoned for a duplex and the existing deed restrictions allowed duplexes on parcels zoned for duplexes.
During the permitting process and few months before the permit was issued the HOA amended the deed restrictions to reference an unrecorded document from the original state approval for development of 47,000 acres that supposedly does not allow the duplex.
Can a deed restriction incorporate by reference a document that is not recorded be an effective deed restriction? So far I can not locate the document on-line. There is no dispute it is not recorded.
Thank you for any help you can provide.
Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.com
dan@dangreenelaw.com
dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
It is not clear from the email whether the duplex was constructed and the full sequence of events. Although the HOA may be able to amend its covenants to restrict duplexes, it would seem that if the prohibition was based on an unrecorded agreement (and not a prospective restriction in amended CCRs), there might be a claim under the developer’s title policy
Howard Allen Cohen
Of Counsel
Florida Board Certified Attorney
Real Estate Law
Condominium and Planned Development Law
Admitted to Practice in Florida and New Jersey
401 East Las Olas Boulevard
Suite 2250
Fort Lauderdale, FL 33301-4251
954 335 1589 (o)
howard.cohen@bipc.commailto:howard.cohen@bipc.com
Buchanan
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Tuesday, December 26, 2023 11:19 AM
To: RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Unrecorded deed restriction question
Hello all: Hope everyone had a good holiday. I have a client that developed a residential duplex property that was zoned for a duplex and the existing deed restrictions allowed duplexes on parcels zoned for duplexes.During the permitting process and few months before the permit w
Hello all:
Hope everyone had a good holiday.
I have a client that developed a residential duplex property that was zoned for a duplex and the existing deed restrictions allowed duplexes on parcels zoned for duplexes.
During the permitting process and few months before the permit was issued the HOA amended the deed restrictions to reference an unrecorded document from the original state approval for development of 47,000 acres that supposedly does not allow the duplex.
Can a deed restriction incorporate by reference a document that is not recorded be an effective deed restriction? So far I can not locate the document on-line. There is no dispute it is not recorded.
Thank you for any help you can provide.
Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.comhttp://www.dangreenelaw.com
dan@dangreenelaw.commailto:dan@dangreenelaw.com
dangreenelaw@gmail.commailto:dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
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